BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26/11/2010 CORAM THE HONOURABLE MR.JUSTICE P.JYOTHIMANI Writ Petition(MD)No.10359 of 2009 and M.P.(MD)No.1 of 2009 and M.P(MD)No.1 of 2010 Dr.P.Ramamoorthy ... Petitioner Vs. 1.The Madurai Kamaraj University, Through its Registrar, Palkalai Nagar, Madurai - 625 021. 2.The Chancellor, Madurai Kamaraj University, Raj Bhavan, Guindy, Chennai - 600 022 ... Respondents PRAYER Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari, calling for the records relating to the order passed by the first respondent in R/PR/2009, dated 31.08.2009 and quash the same as illegal. !For Petitioner ... Mr.M.AjmalKhan ^For Respondents ... Mr.Pala.Ramasamy, Special Government Pleader. :ORDER
Heard the learned counsel for the petitioner and the learned Special
Government Pleader for the respondents.
2.The petitioner challenges the impugned order dated 31.08.2009 wherein
the university has stated that the petitioner’s membership as a member of the
syndicate of the university by virtue of his assuming office as Principal of
in which he has retired by attaining the age of superannuation on 30.10.2008
itself, he has lost his right to continue as a member of the syndicate.
3.The claim of the petitioner is that it is true that he was appointed as
a member of the syndicate by resolution of the syndicate, dated 29.03.2007 while
he was working as Principal of the Cardamom Planter Association College,
Bodinayakanur he was nominated as member for a period of three years and
therefore, he is entitled to continue as per the syndicate upto 29.03.2010.
However, by virtue of his retirement from the post in the said college at
Bodinayakanur on 30.10.2008, the university has directed that he ceased to be a
member of the syndicate. There is absolutely nothing illegal in the same. The
petitioner’s membership to the syndicate of the university is not by virtue of
any election but by virtue of ex-officio appointed since he happens to be the
Principal of the said college. The petitioner has subsequently joined in some
other college namely the Amman College of Arts and Science as its Principal. It
is for him to approach the university in which event, the university shall
certainly consider the name of the petitioner to be included as an exofficio
member of the syndicate. Even otherwise by the syndicate resolution dated
29.03.2007, his appointment is for a period of three years and that period has
also been over and therefore, as on date, the petitioner has no enforceable
claim against the university at all. In such view of the matter, looking into
any angle, the petitioner is not entitled to the claim made in this writ
petition.
4.Accordingly, the writ petition stands dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
sms
To
1.The Madurai Kamaraj University,
Through its Registrar,
Palkalai Nagar,
Madurai – 625 021.
2.The Chancellor, Madurai Kamaraj University, Raj Bhavan, Guindy, Chennai - 600 022